Volume 4, issue 4, 2025
134
RELATIONSHIPS IN THE LEGAL SHADOWS: A COMPARATIVE LEGAL
ANALYSIS OF RELIGIOUS MARRIAGES AND INFORMAL FAMILY
INSTITUTIONS
Sokhiba Khasanova Ergash kizi
First-year Master`s Student ,Sankt-Peterburg
State University,Tashkent Branch
Phone:+998942371025
Email:
sohibaxasanova4@gmail.com
Annotation:
This article examines the legal status of religious marriages, particularly Islamic
(shar‘iy) unions, through the lens of both international and national legal frameworks. It
highlights the legal vulnerability of women and children in unregistered marriages and proposes
ways to harmonize domestic legislation with international human rights standards. A
comparative analysis of legal approaches from various countries, including Uzbekistan, offers
insights
for
legislative
improvement.
Keywords:
religious marriage, informal unions, international law, women's rights, children's
rights, legal recognition, Family Code.
Introduction
In many countries, particularly those with large Muslim populations, religious marriages
conducted without official state registration are widespread. However, these types of unions
often lack legal validity, which results in legal vulnerability—especially for women and children.
The absence of formal recognition means that rights such as inheritance, child custody, and
alimony may not be enforced. This paper analyzes international legal standards concerning such
relationships and explores how Uzbekistan and other countries have addressed these challenges.
1. Understanding Religious Marriages and Informal Families
Religious marriage refers to a union based on religious rituals, not formally registered with state
authorities. Informal family arrangements also include cohabitation without legal marriage. In
both cases, legal protection is limited or non-existent, particularly in patriarchal societies where
formal legal recognition is the basis for enforcing rights.
2. Informal Marriages under International Law
2.1. International Instruments
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979:
Mandates the protection of women’s rights in all aspects of family life, including marriage and
divorce,
regardless
of
the
form
of
the
union.
Convention on the Rights of the Child (CRC), 1989: Guarantees equal rights to children born in
or out of wedlock and emphasizes their protection in all legal circumstances.
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135
2.2. Case Law: European Court of Human Rights
In Johnston and Others v. Ireland (1986), the Court considered the lack of legal recognition for
non-marital cohabiting relationships and concluded that while states may limit recognition to
civil marriage, they must still respect private and family life under Article 8 of the European
Convention on Human Rights (ECHR).
3. Comparative Legal Experiences
3.1. Indonesia and Malaysia
Both countries recognize religious marriages, including Islamic unions, but require registration
with religious or civil authorities for full legal effect. Non-registration may limit access to legal
rights such as alimony or inheritance.
3.2. Turkey
Only civil marriages are legally valid. Religious ceremonies may be held, but without
accompanying civil registration, they carry no legal consequences.
3.3. France and Germany
These secular legal systems allow only civil marriage. Religious or informal unions are not
legally recognized, but children born out of wedlock receive equal rights, and long-term
cohabiting partners may receive limited legal protection under specific family law provisions.
4. The Situation in Uzbekistan
According to Uzbekistan’s Family Code, only state-registered civil marriages are legally valid.
Religious marriages, including nikah, are not legally recognized. As a result:
Women in unregistered religious marriages often cannot claim alimony or property division upon
separation.
Children may face legal challenges related to paternity, inheritance, or social support.
Although Uzbekistan has ratified both CEDAW and CRC, there is a gap in domestic
implementation, particularly in terms of recognizing and protecting those in informal unions.
5. Analysis and Legal Recommendations
1. Encourage the civil registration of religious marriages by introducing simplified registration
processes
and
public
awareness
campaigns.
2. Provide basic legal protections (e.g., for alimony, child custody) for long-term informal unions,
in
line
with
international
human
rights
standards.
3. Amend the Family Code to include consequences of religious marriages, particularly those
with
long-term
cohabitation
and
shared
economic
responsibilities.
4. Introduce civil partnership frameworks, as seen in many European countries, to protect those
in
informal
unions.
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5. Ensure that children’s rights are fully protected, regardless of the legal status of their parents’
relationship.
Conclusion
Religious and informal family unions continue to exist in the legal shadows in many societies.
These unions, while socially and religiously valid, often fail to ensure adequate legal protection
for women and children. International legal instruments such as CEDAW and CRC stress the
importance of non-discrimination and equal protection, regardless of marital form. Uzbekistan,
like many other countries, faces the urgent task of bridging the gap between traditional practices
and modern legal protections to uphold fundamental human rights in all family structures.
References:
1. United Nations. Convention on the Elimination of All Forms of Discrimination Against
Women
(CEDAW),
1979.
2. United Nations. Convention on the Rights of the Child (CRC), 1989.
3. European Court of Human Rights. Johnston and Others v. Ireland, Application No. 9697/82,
Judgment
of
18
December
1986.
4. Uzbek Respublikasi Oila kodeksi, 1998 (current version with amendments).
5. Cammack, M. (1999). The Indonesian Legal System and Religious Marriage. Fordham
International
Law
Journal,
22(1),
205–231.
6. An-Na’im, A.A. (2002). Islamic Family Law in a Changing World: A Global Resource Book.
Zed
Books.
7. Fenwick, H. (2007). Civil Liberties and Human Rights. Cavendish Publishing.
8. Shah, P. (2006). Legal Pluralism in Conflict: Coping with Cultural Diversity in Law.
GlassHouse
Press.
9. Human Rights Watch. (2015). Submission to the CEDAW Committee Review of Uzbekistan.
10. UN Committee on the Rights of the Child. General Comment No. 14 (2013) on the best
interests of the child.
